Woodruff v. Oleite Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frank C. Woodruff and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of December, 1920, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 19th day of January, 1921, denying plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The plaintiffs owned and had stored in the cellars of Nos. 182, 184 and 186 Washington street, in the borough of Manhattan, city of New York, 1,500 barrels of potatoes, packed in sacks. The defendant, as tenant, was in possession and control of the premises No. 188 Washington street, which was unoccupied, except that personal property mostly consisting of old iron was stored therein. The water in No. 188 was not turned off. On December 29, 1917, the temperature at its lowest was six degrees below zero; on the thirtieth, thirteen degrees below zero; on the thirty-first, seven degrees…
2Cases cited2 opinions
- Jutte v. . HughesNew York Court of Appeals · 1876
- Merritt v. . EarleNew York Court of Appeals · 1864
3Cited by12 opinions
- Seaman v. Curtiss Flying Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Prashant Enterprises, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Distribuidora Nacional De Disco of New York, Inc. v. RappaportAppellate Division of the Supreme Court of the State of New York · 1983
- Cangialosi v. Hallen Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Lee v. Consolidated Edison Co.Civil Court of the City of New York · 1978
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